Kauffman said this request falls outside the scope of what is permissible under the provision and is an improper attempt to gain access to information without going through the proper requirements and procedures in the election code and Right-to-Know law. } Judge Barrett's ARD In an effort to streamline upcoming ARD Court; all required documents and forms, as well as instructions in their use, are provided in this section of the website. Pennsylvania Magisterial Districts, Courts in Pennsylvania Pennsylvania judicial elections Judicial selection in Pennsylvania. County election officials fought the petitions, saying they were without merit and should be dismissed. The Pennsylvania election provides that the polls shall be open for only thirteen hours, 7 a.m. until 8 p.m. on election day, Mercer said. .widget-img { display: inline-block; font-weight: bold; They were filed by the Berks County Republican Committee on behalf of 94 individual voters. Lastly, the county says the election department already performed a statistical recount of the votes cast in the 2022 general election and found that the results were accurate. 4. We are satisfied with his verdict and believe that it correctly reflects the law as described in the electoral code and interpretation of case law.. Also read: The judge dismisses the Nov. 8 recount requests after most of the requesters failed to show up. Lillis received his undergraduate degree from the United States Air Force Academy and his J.D. County election officials fought the petitions, saying they were unfounded and should be dismissed. The live site is https://www.co.berks.pa.us { He said that if a specific accusation is not levied, petitions have to be filed in all 202 precincts for a recount to be granted. 9724 Cumberland Highway. He said he brings to the table 20 years of impactful experience in the legal . 612 0 0 792 0 0 cm The committee subsequently appealed his decision to Commonwealth Court. !'#))'#&%,1?5,. He added that voter signatures are confidential and disclosing those signatures to the public would present significant election integrity concerns. [1] Lash was first elected to the court in 1999 and retained in 2009. display: inline-block; The following candidates ran in the Democratic primary. background-color: grey; "Judge Lillis' order lacked both a factual basis. .widget-key { Mostly cloudy with a few showers and some areas of fog late.. Mostly cloudy with a few showers and some areas of fog late. First Assistant County Solicitor Cody Kauffman argued that the petitions should be denied because they do not present evidence of a specific act of fraud or error that occurred. color: white; According to The Philadelphia Inquirer, the recount effort in Berks was part of a statewide attempt by supporters of failed gubernatorial candidate Doug Mastriano to flood Pennsylvania courts with petitions seeking to force hand recounts. ROLL CALL: Upon roll call, Supervisors Stuck, Royer, Wertz and Kocher were present. .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Third Circuit Court of Appeals U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania, Supreme Court of Pennsylvania She covers county government as well as policy issues at the state and federal level with a local focus. In a civil case, the jury determines whether a plaintiff has proven the case and what, if any, damages to award. Attorney Eric Winter, who argued on behalf of the Berks County Republican Committee, said shortly after the order was available late Tuesday morning that he had yet to see it and review it with his client. 2. It should not be necessary for the petitioners to have to provide evidence, he said. The Committee made four motions in the petitions: 1. Providing highlights and insights about the PA Right to Know Law and decisions of the Office of Open Records as well as court opinions, In August 2018, Berks County Common Pleas Judge James M. Lillis ordered the City of Reading to pay $12,071.75 in legal feesto a requester and in October 2018, Commonwealth Court Judge Simpsonordered Pennsylvania Department of Corrections to pay $118,458.37 in legal feesto a requester. The District shall make all voting equipment, including voting machines, available for inspection and testing by a duly authorized agent. No attorney/client relationship is formed and no legal advice can be given, unless and until a formal and fully executedfee agreement is entered into, and a retainer received. There is not a requirement of evidentiary background.. Judge Lillis's Court In an effort to streamline upcoming Hearings; all required documents and forms, as well as instructions in their use, are provided in this section of the website. This judge is outside of that coverage scope and does not receive scheduled updates. } To examine the outer envelopes of all mail ballots cast by Berks voters to compare the signatures with the voter signatures on record in the Statewide Uniform Registry of Electors System. He was elected to the bench on November 3, 2015. When confronted by police, Talarico removed his clothes and fled into the woods. The motion further contends that any request for inspection by unqualified parties risks decertification of the voting machines. He said the most accurate way to conduct a recount is by using machines specifically designed to accurately count votes, explaining that a hand recount introduces a likelihood of human error into the counting process. from the University of Pittsburgh Law School in 1982. Following the November election, the committee and a group of 94 voters filed petitions to have votes in 30 Berks precincts recounted. In August 2018, Berks County Common Pleas Judge James M. Lillis to a requester and in October 2018, Commonwealth Court Judge Simpson to a requester. Berks County Election Update: My Dad and I and 92 other voters filed petitions for a manual recount in 30 precincts in Berks County. The Order was filed in the Prothonotary's Office of Berks County on June 23, 2016. background-color: grey; You are here: Berks County > County Departments > Court of Common Pleas > Court Administration > Court Directory. Brand New App to watch all of WFMZ-TV News and Syndicated Programing 24/7 on your Streaming App enabled TV. Commissioner Christian Y. Leinbach called the challenge troubling. According to The Philadelphia Inquirer, the recount effort at Berks was part of a nationwide attempt by supporters of failed gubernatorial candidate Doug Mastriano to flood Pennsylvania courts with petitions aimed at forcing hand recounts. First Assistant County Solicitor Cody Kauffman said the problem on primary election day was a rapidly evolving situation and that a joint petition was filed without knowing -at that time- which precincts were having issues with the electronic poll books. Pennsylvania Commonwealth Court Honorable James M. Lillis Court of Common Pleas of Berks County Berks County Services Center 633 Court Street Reading, PA 19601 phone: 610-478-6208: Berks County 23 . .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { Court of Common Pleas Judges (610) 478-6208 Court Reporters 14th Floor Courthouse (610) 478-6467 Domestic Relations 6th Floor Services Center (610) 478-2900 The alert entitled Agencies Ordered to Pay Legal Fees can be found here, The Office of Open Records hosts a webpage where it has collected Court decisions on Enforcing a Final Determinations, Francis J. Catania is a partner in the Media, PA, law firm of Catania & Parker, LLP, and has been practicing law for over 30 years. font-weight: bold; Copyright 2023, All Rights Reserved | J. Benjamin Nevius is a judge for the Berks County Court of Common Pleas in Pennsylvania. .widget-row.value-only.white { OOR: Information About Officers Time-Off Request Protected From Disclosure Under The RTKL By The Constitutional Right of Privacy. .widget-row.Libertarian { background-color: red; Judge James M. Bucci retired last December, and Judge Mary Ann Ullman has announced that she will . This would be a very different conversation if these voters requested a recount based on actual evidence, he said. Leinbach noted that the reason the commissioners did not object to the petition to Lillis was because they wanted to be fair to any affected voters who were unable to cast ballots in the morning of May 17. OOR: Records Relating To The Investigation And Tracking Of Personal Protective Equipment Not Confidential Under The DPCL. The voters relied on the announcement that the polls would be open for an extra hour, Bukowski said. .widget-row.Libertarian { McCormick has also filed petitions in the Commonwealth Court and with the Pennsylvania Supreme Court to have undated and unsigned mail-in ballots counted, in opposition to current law. trailer Click here to contact our editorial staff, and click here to report an error. } As he was taken into custody the next morning he made spontaneous statements regarding Moyer being killed. Ballotpedia does not currently cover this office or maintain this page. The live site is https://www.co.berks.pa.us He also argues the petitions are too narrow. The committee did not send a representative to this testing or otherwise attempt to participate in the testing, the results of which confirmed the machines were functioning correctly. .widget-value { A state Commonwealth Court judge has dismissed an appeal by the Berks County Republican Committee seeking a manual recount of votes cast in a handful of precincts during the 2022 general election. It says the petitioners failed to "plead and verify . Eleni Dimitriou Geishauser is a judge for the Berks County Court of Common Pleas in Pennsylvania.She was elected on November 3, 2015. } The commissioners voted 2-1 to stand in opposition I arguments to count undated and unsigned ballots. He also pointed out that the county provided the Berks County Republican Committee with the statutorily required notice to attend the logic and accuracy testing of the voting machines, which is a process designed specifically to ensure they are functioning correctly. Scott E. Lash is a judge on the Berks County Court of Common Pleas in Pennsylvania. 8 7 display: inline-block; There was an error processing your request. And, in a county that uses an electronic voting system, the recount can be done using electronic devices of a different type than used for the specific election. I want to make a broad observation, Leinbach said. 2. 3. Two unverified petitions were presented to Judge Lillis, and thats important because under the rules, a petition must be verified if they contain facts that are not of record. The courts do have general supervisory powers over the polls to ensure compliance and to carry out the intent of the election code regarding the polls being open.. Leinbach also said he was extremely disappointed with the McCormick campaign for filing the challenge. She is a graduate of Temple University with a degree in journalism. Francis Pileggi is a partner in the firm of Lewis Brisbois, and practices primarily in the areas of corporate and commercial litigation. color: white; The county states that this request falls outside the scope of what is permissible under the provision and is an improper attempt to gain access to information without going through the proper requirements and procedures set forth in the election code and Right-to-Know law. .clearfix { .courts-header { font-size:150%;background-color:#334aab;color:white;} Chief among them is that no fraud or error was committed in the computation of the votes cast or in the marking of the ballots. Pat Barrett. The following candidates ran in the Democratic primary. font-weight: bold; .widget-value { 8 0 obj <> endobj ALERT! Over the last number of years, we find ourselves in a very difficult place in elections. The results of the 2022 election have been certified by the county elections board and the state. The door was locked and no one answered. } The commissioners discussed the matter and voted to uphold the existing state law in counting or not counting the unsigned ballots. My life-experiences will allow me to handle this incredible responsibility, with unwavering ethics and strict respect for the laws of our land. The county appreciates the time and attention Judge Lillis has devoted to this matter, it said. Pennsylvania's judicial elections included a primary on May 19, 2015, and a general election on November 3, 2015. Pennsylvania Magisterial Districts, Courts in Pennsylvania Pennsylvania judicial elections Judicial selection in Pennsylvania. background-color: #f9d334; .widget-row.heading { }, Eleni Dimitriou Geishauser is a judge for the Berks County Court of Common Pleas in Pennsylvania. 0000000916 00000 n Kauffman asked the commissioners to also vote on how they would like to respond to the two lawsuits filed in this matter.
Before issuing their decision, the commissioners conducted a public hearing during the elections board meeting. The decomposing body of the 41-year-old woman was found July 13 following Talaricos arrest near Bloomsburg, a nearly two-hour drive from Reading, on unrelated crimes while driving her vehicle. word-wrap: break-word; background-color: #f9f9f9; A Berks County judge has dismissed petitions filed by the Berks County Republican Committee seeking a recount of ballots cast during the general election at 30 precincts across the county. Berks County 23: President Judge Honorable M. Theresa Johnson Court of Common Pleas of Berks County Berks County Courthouse 633 Court Street . Talarico shot his. text-align: center; Judge Lillis's Court Currently selected. Pileggi with questions, though we cannot guarantee a reply to all requests. A manual recount of all paper ballots generated by the voting machines, as well as all mailed, absentee and provisional ballots. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; .courts-container { background-color:#fcfcfc; width:100%; border:1px solid black;padding:5px;text-align:center;clear:both; } The committee has said they filed the petitions after receiving complaints from some voters that voting machines were changing votes cast for Republican candidates for governor and U.S. Senate to ones for the Democratic candidates. The Berks County Republican Committee said they filed the petitions after receiving complaints from some voters that voting machines were changing votes cast for Republican candidates for governor and U.S. Senate to ones for the Democratic candidates. clear: both; Disciplinary Record. width: 250px; Jeremy Mercer, an attorney representing the McCormick campaign, argued that the order from Lillis lacked both a factual and a legal basis. background-color: grey; James M. Lillis Berks County Court of Common Pleas. He currently covers court news, veterans' stories and all types of general news. Commonwealth Court dismisses Berks GOP election, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Former West Reading police officer federally indicted in fraudulent body armor scheme for a second time, Commonwealth Court dismisses Berks GOP election recount petitions, Reading Auditor Maria Rodriguez announces she will run for reelection, Joanna McClinton voted Pa. House speaker after Mark Rozzi steps aside; first Black woman to win post, Mark Rozzi says he will step down as Pa. House speaker, John Fetterman on path to recovery, will be out of Senate for more weeks, an appeal by the Berks County Republican Committee, filed petitions to have votes in 30 Berks precincts recounted, The petitions were dismissed by Berks Judge James Lillis, saying they were without merit and should be dismissed, State police charge passenger in fatal crash on Interstate 78 in Berks, So-called Lizzie Lincoln house in Exeter Township to be demolished, Reading restaurant is target of second swatting incident in 3 days in Berks, Former Pottstown man charged in 2016 killing of Berks man, Area family-owned businesses thrive for multiple generations, Berks family of 4 displaced by 2-alarm overnight fire, Reading Penn Street shop owner wants more action, less talk about downtown progress, Stewart's game-winner lifts Wyomissing over Berks Catholic in District 3 Class 4A semifinal, Railroad the last stop of a policeman's 46-year career, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. 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